Assault with a weapon (Section 202C(1)(a) Crimes Act 1961)
Charge 1: Assault with a weapon under section 202C(1)(a) of the Crimes Act 1961
The Crown must prove each element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove each element beyond reasonable doubt. That is called the standard of proof. It means you must be sure that each element is proved.
| 1. |
Are you sure that Mr Smith intentionally struck Ms Jones in the face? |
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If no, find Mr Smith not guilty. If yes, go to question two. |
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| 2. |
Are you sure that Mr Smith had a pint handle in his hand when he struck Ms Jones? |
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If no, find Mr Smith not guilty. If yes, go to question three. |
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| 3. |
Are you sure that Mr Smith intentionally used the pint handle as a weapon to strike Ms Jones? |
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[Note: Question three may need to be adjusted depending on how an item is used as a weapon.] If no, find Mr Smith not guilty. If you answer yes and Mr Smith is relying on the defence of consent, go to question four. If he is not relying on that defence, find Mr Smith guilty. |
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| 4. |
Are you sure that Ms Jones did not consent to being struck in the face? |
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If no, find Mr Smith not guilty. If yes, go to question five. |
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| 5. |
Are you sure that Mr Smith did not believe that Ms Jones consented to being struck in the face? |
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If no, find Mr Smith not guilty. If yes, find Mr Smith guilty. |